arago Websites Terms of Use

Last revised:  7 March 2016.

Welcome to the websites of arago GmbH, Eschersheimer Landstraße 526 – 532, 60433 Frankfurt am Main, Germany, and its subsidiaries (collectively, “we” or “arago”). The following terms and conditions (“Terms of Use”) apply to any websites owned and operated by us , including but not limited to www.arago.co, www.arago.tech, www.graphit.co and www.tabtab.co (jointly “the Websites”). The Websites are provided for your information purposes only, unless you register to gain access to further functionality and additional information (to which additional terms as set out below apply).

The use of the Websites and any content, text, information, documents, products, software, graphics, pictures, other materials and services (“Materials”) that you download or otherwise obtain from these Websites are governed by the following Terms of Use, except if you are a licensee of any arago product, in which case the applicable license agreement(s) (“License Agreement(s)” or “SLMA”) will govern your use of that arago product.

Additional terms and conditions, which may apply to certain arago Websites, are set out under “Special Website Terms” below.

Your agreement to follow and be bound by these Terms of Use is a condition precedent to your use of the Websites and/or Materials.  By accessing or using the Website and/or Materials, or downloading Materials from the Websites, you agree to these Terms of Use.  If you do not agree with these Terms of Use, do not use the Websites or Materials.

GENERAL TERMS AND CONDITIONS (for all Websites)

I. Websites Generally.

  1. Our Websites.  “arago.co” and “arago.tech” are for information purposes about our software product HIRO™ (formerly known as AutoPilot) and include the possibility to download the basic edition of our software HIRO™ (please note that our software is subject to license terms, which can also be found on our website).  “graphit.co” is a semantic data platform for storing any data on technology. It is built to be the global map of technology in the enterprise world and to handle the complexity and volume of data in every IT environment.  “tabtab.co” is our knowledge marketplace for users of our software Hiro. It is designated for the interaction and communication between users of our software HIRO™, software developers and other persons interested in IT automation (hereinafter "HIRO™ Community Users") and, therefore, contains predominantly user generated content. Accordingly, arago only provides the technical platform for the interaction and communication of the HIRO™ Community Users but is not responsible for any content posted, shared or otherwise made available by such HIRO™ Community Users, unless otherwise provided in these Terms of Use.
  2. Free Use / Registration.  The use of our Websites is free of charge but you may need to register to gain access to further functionality and additional information. Accordingly, arago reserves the right to change or discontinue any of its Websites at any time.
  3. Eligibility.  You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not use the Websites. Further, you may not access or use the Websites if your access or use of the Websites is prohibited or conflicts with any applicable local, state, national or international laws and regulations. You must notify us immediately of any change in your eligibility to use the Websites.
  4. Content.
    1. Great care has been taken in creating the content of our Websites and we are committed to provide correct and complete information. We cannot, however, warrant that the content of our Websites (including the Materials) will be at all times correct, complete and/or available. Our Websites may contain Materials provided by third-parties in whole or in part and arago does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by arago. Unless stated in these Terms of Use or elsewhere (for example in an applicable license agreement), we make no warranty or representation with respect to any Materials.
    2. We are not responsible for any third-party information that may be transmitted via or posted on our Websites. However, if we become aware of any unlawful third-party content on our Websites, we will remove the relevant content promptly. Regarding third party content, please also see Section I.F and Section I.G.
  5. Copyright.
    1. The content and any Materials displayed on our Websites may be protected by applicable copyright and other intellectual property laws. Any reproduction, editing, transmission or any type of use beyond the scope permitted by these Terms of Use and/or mandatory law shall require the written permission of arago and/or the respective author or creator. Downloads and copies of the information contained on our Websites are permitted for personal, non-commercial use only, while the download of any software, including our HIRO™ software, is subject to the applicable license agreement (as available on the relevant website). Content of third parties is particularly indicated as such.
    2. Should you become aware of any infringement of copyright or other intellectual property rights, we would be grateful if you could notify us.
  6. Copyright Complaints. arago respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify arago or your infringement claim in accordance with the procedure set forth below.
    1. arago will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to arago’s Copyright Agent at copyright@arago.co for (Subject line:  “DMCA” Takedown Request”).  You may also contact us by mail at:Attention: Copyright AgentArago41 East 11th Street

      New York, NY 10003

      USA

      To be effective, the notification must be in writing and contain the following information:

      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      • a description of the copyrighted work or other intellectual property that you claim has been infringed;
      • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Websites;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
      • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
    2. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
      • your physical or electronic signature;
      • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within New York County, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, arago will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at arago’s sole discretion.

    3. Repeat Infringer Policy.  In accordance with the DMCA and other applicable law, arago has adopted a policy of terminating, in appropriate circumstances and at arago's sole discretion, members who are deemed to be repeat infringers.  arago may also at its sole discretion limit access to the Websites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement..
  7. Third Party Content
    1. Our Websites may contain Materials, including software, posted by third parties “Third Party Content”). arago assumes no liability and is not responsible for such Third Party Content.
    2. arago does not review, monitor or check such Third Party Content for accuracy, appropriateness or completeness. Should we determine that any Third Party Content is unlawful or infringes rights of a third party, we will remove the relevant Third Party Content immediately. In order to help us to identify unlawful Third Party Content, please notify us immediately, if you notice any unlawful or objectionable content.
    3. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that such Third Party Content and its use are not governed by these Terms of Use but by terms and licenses applicable to the Third Party Content, if any.
  8. Links.  Our Websites contain links to third-party websites, for which we are not responsible and for which we assume no liability. The party responsible for the content of such linked third-party website is always the relevant provider of such websites. Should we become aware that any linked third-party website contains unlawful content, we will remove the relevant link immediately.THE LINKED SITES ARE NOT UNDER THE CONTROL OF ARAGO AND ARAGO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ARAGO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ARAGO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ARAGO OF THE LINKED SITE.
  9. No unlawful or prohibited use.  As a condition of your use of the Websites, you will not use the Websites for any purpose that is unlawful or prohibited by these Terms or Use. You may not use the Websites in any manner that could damage, disable, overburden, or impair any Website, or the network(s) connected to any Website, or interfere with any other party's use of any Website. You may not attempt to gain unauthorized access to any Website, other accounts, computer systems or networks connected to any Website or to any of the Websites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Websites.
  10. Brands and Logos.  Any trademarks, logos or brands used on our Websites are protected by applicable copyright and intellectual property laws. It is not permitted to use these trademarks, brands or logos without the prior written consent of arago and/or the relevant owner.  Nothing in this Terms of Use or the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of arago trademarks, logos or brands used on the Websites, without our prior written permission in each instance. All goodwill generated from the use of any arago trademarks, logos or brands will inure to our exclusive benefit.
  11. Data protection.  Our Websites can generally be used without the need to enter personal information. However, if you order our newsletter or contract us, we will need and/or request certain personal information to comply with your request: If you register for our newsletter, your email address will be used for providing our newsletter to you and if you send us a request via the contact form on our website, your name and email address will be used to answer your request. We will not pass on your personal information to third parties without your express prior consent.
  12. Registration.  Some parts of our Websites can only be accessed after prior registration. For more information on how we will deal with your personal information when you register, please refer to our “Special Website Terms”, section on “Data Protection”.

II. Privacy and Data Protection

Please see our Privacy Policy disclosures relating to the collection and use of your information.  The Privacy Policy is available here: https://www.arago.co/privacy-policy

  1. Cookies.  On some of our Websites we use temporary cookies to enhance your use of our Websites. Cookies are small text files, which are stored in your browser. The cookies we use expire after the web browser is closed, thus do not remain on your computer (so-called “session cookies”). You can prevent the use of cookies, including GoogleAnalytics or other third party provider cookies, by configuring your browser software accordingly. Please note, however, that you might then not be able to make full use of all the functionality of our Websites.  From time to time we may also use permanent cookies.  Prior to using such cookies, however, we will obtain your consent via a pop-up window.
  2. Google Analytics.  Our Websites also use Google Analytics (http://www.google.com/intl/de/analytics/), a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”). Google Analytics uses cookies to obtain information about your use of our Websites, such as your IP address. This information is transferred to and stored on a Google server in the US.  In accordance with the requests issued by the European Data Protection Authorities, we use Google Analytics with the „anonymize IP“ extension, which ensures that your IP address will be shortened within the member states of the European Union or in the European Economic Area prior to a transfer to the US. Only in exceptional circumstances will your full IP address then be sent to a Google server in the USA and stored there.  Google will use this information on our behalf to evaluate your use of the website, to compile reports about website activity and to provide other services associated with internet and website use in respect of the website operators. The IP address communicated by your browser in relation to Google Analytics is not linked to other Google data.  You can prevent the use of GoogleAnalytics cookies by configuring your browser software accordingly. Please note, however, that you might then not be able to make full use of all the functionality of our Websites.  You can also prevent the data collected by the cookie about your use of our Websites (incl. your IP address) from being sent to Google (and, thus, from being processed by Google) by downloading and installing a browser plug-in, which is available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
  3. Third Party Plug-Ins.  Our Websites use or display third party plug-ins. We do not control the collection and/or use of personal information through such plug-ins content. Please refer to the relevant terms of the providers of such plug-ins.
  4. Twitter.  Our website includes functions of the Twitter service. These functions are provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. You can recognize the functions by the appearance of the Twitter logo.  If you are logged into Twitter and then use the Twitter and the Re-Tweet functions on our Websites, the content of our Websites will be linked to your Twitter account and possibly made known to other users. As part of such integration, the Twitter service will provide us with access to certain information that you have provided to such Twitter service, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Twitter service and our use, storage and disclosure of information related to you and your use of such services within arago, please see our Privacy Policy. However, please remember that the manner in which Twitter service use, store and disclose your information is governed solely by the policies of such third parties, and arago shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on the Websites.In addition, arago is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Twitter service. As such, arago is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Twitter service. arago enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.If you do not want Twitter to be able to link your visit to our Websites to your Twitter account, please log out of Twitter before visiting our Websites and do not log on to Twitter while visiting our Websites.  For further information about the collection, processing and use of your personal data by Twitter please refer to Twitter’s data privacy statement at: https://twitter.com/privacy.
  5. Newsletter.  If you wish to receive our newsletter, we will need your valid e-mail address. We will only use your email address to send you our newsletter and will not pass it on to any third party. You may unsubscribe from your receipt of our newsletter at any time.

III. Software available on the Websites

  1. Generally.  Any software made available for download from the Websites (“Software”) is the copyrighted work of arago and/or its suppliers. Use of the Software is governed by the terms of the applicable License Agreement. You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement.  The Software is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  2. Limited Warranty.  THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ARAGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  3. Tools and Utilities.  FOR YOUR CONVENIENCE, ARAGO MAY MAKE AVAILABLE AS PART OF THE MATERIALS OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE, ARAGO DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES, WHICH SHALL INCLUDE KNOWLEDGE ITEMS. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITES OR IN ARAGO SOFTWARE PRODUCTS.

IV. Further Terms

  1. Disclaimer of Warranties.  Use the Websites and any Materials they contain at your own risk. Due to numerous possible sources of information available through the Websites, and the inherent uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. Reliance upon any information on the Websites is at your own risk. You are solely responsible for any loss of data or damage to your computer system resulting from use of the Websites. In jurisdictions where exclusion of damages is specifically prohibited, you agree that arago liability, if any, is limited to, and will not exceed, fifty dollars ($50).DISCLAIMER OF WARRANTY: UNLESS EXPLICITLY STATED OTHERWISE, WEBSITE MATERIALS ARE PROVIDED "AS IS." ARAGO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ARAGO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE WEBSITE MATERIALS. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. ARAGO MAKES NO WARRANTY OR REPRESENTATION THAT THE MATERIALS OFFERED ON THE WEBSITES WILL MEET ANY OF YOUR REQUIREMENTS OR WILL OPERATE UNINTERRUPTED, SECURE, OR ERROR FREE.
  2. Limitation of Liability.  LIMITATION OF LIABILITY: ARAGO IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE MATERIALS ON THE WEBSITES. ARAGO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ARAGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.YOU AGREE TO INDEMNIFY ARAGO AGAINST AND HOLD ARAGO HARMLESS FROM, AND YOU AGREE NOT TO SUE ARAGO FOR, ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITES OR THE MATERIALS PROVIDED THROUGH THE WEBSITES.
  3. Local laws; Export Control.  arago controls and operates the Websites from various locations in Germany, the United Kingdom, and the United States and makes no representation that these Materials are appropriate or available for use in other locations. If you use the Websites from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the applicable export and import regulations.  The Materials may be subject to export control laws, regulations, and requirements of the countries in which arago operates. You agree, regardless of any disclosure made by you to arago concerning the ultimate destination of any Materials, that you must not export or transfer, whether directly or indirectly, the Materials, or any portion thereof, or any system containing such Materials or any portion thereof, to anyone outside your country without first complying strictly and fully with all export controls that may be imposed on the Materials by the U.S. Government or any country or organization of nations within whose jurisdiction you use the Materials. The countries subject to restriction by action of the United States Government are subject to change, and, if applicable, it is your responsibility to comply with the United States Government requirements, as they may be amended from time to time, and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You shall indemnify, defend, and hold arago harmless for any breach of your obligations pursuant to this section.
  4. Injunctive relief.  You acknowledge that any use of the Websites contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or Materials related to the services provided on the Websites contrary to these Terms of Use may cause irreparable injury to arago, its affiliates, suppliers and any other party authorized by arago to resell, distribute, or promote the services provided on this Website (“Resellers”), and under such circumstances, arago, its affiliates, suppliers, and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
  5. Validity and Changes to these Terms of Use.
    1. The Terms of Use apply from February 15, 2015.
    2. arago reserves the right to change these Terms of Use at any time. In case arago intends such change, arago will duly inform you about its intention to change the Terms of Use and details of the intended changes (hereinafter “Change Notice”). Should you not object to the intended changes within six (6) weeks after your receipt of the Change Notice, the changes are deemed accepted by you. In the Change Notice, arago will explicitly advise you of your right to object and the consequences in case you choose not to exercise such right. If you object to the intended changes, arago is entitled to terminate your use of the Websites, unless arago is able to allow your continuing use without you accepting the changes to the Terms of Use.
  6. Further information.  We value your trust in us, which is why we are available to answer any queries you may have with regard to our Websites. Please contact us at: info@arago.co.
  7. We may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your membership.  You agree that we will not be liable to you or any third party for any termination of your access to the Websites.  All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of Materials or User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  8. Governing Law and Jurisdiction.
    1. Users located in Germany and Switzerland.  If you are located in the Republic of Germany or Switzerland when you use the Websites, the laws of the Republic of Germany shall apply.
    2. Users located outside of Germany and Switzerland.  If you are located anywhere else in the world, the laws of the State of New York shall apply.ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
      1. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE AND/OR THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  THE ARBITRATION PROCEEDINGS SHALL BE CONDUCTED BEFORE ONE (1) NEUTRAL ARBITRATOR SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION.  THE PLACE OF ARBITRATION SHALL BE NEW YORK, NEW YORK.  EITHER PARTY MAY APPLY TO THE ARBITRATOR SEEKING INJUNCTIVE RELIEF UNTIL THE ARBITRATION AWARD IS RENDERED OR THE CONTROVERSY IS OTHERWISE RESOLVED.  EITHER PARTY ALSO MAY, WITHOUT WAIVING ANY REMEDY UNDER THESE TERMS OF SERVICE, SEEK FROM ANY COURT HAVING JURISDICTION ANY INTERIM OR PROVISIONAL RELIEF THAT IS NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF THAT PARTY, PENDING THE ESTABLISHMENT OF THE ARBITRATOR (OR PENDING THE ARBITRATOR’S DETERMINATION OF THE MERITS OF THE CONTROVERSY). As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf.  Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site and/or the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
      2. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

SPECIAL WEBSITE TERMS (for HIRO™ Community)

These Special Website Terms apply to our Website tabtab.co (“HIRO™ Community,” formerly known as “TabTab”).

When clicking on “I agree to the General and Special Terms of Use” in the registration process on HIRO™ Community you agree to the terms of use set out below, which will apply in addition to our general Website Terms (https://www.arago.co/terms-of-use). You can access, download, print and save these terms of use at any time by clicking on http://www.arago.co/hubfs/PDF/Arago_Terms_of_Use.pdf.

I. Your Registration.

  1. Initial Login.  When you register on HIRO™ Community, we will ask you for your name, email,  and company and will ask you to choose a password to create a personal user account in our global identity management system Arago Knowledge Core (formerly known as GraphIT) through which we will manage your access to all arago Restricted Websites. Registration is restricted to users who are 14 years old or older.  Please do not register if you are not yet 14 years old.
  2. Member account, password, and security.  You must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form, including choosing a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify arago immediately of any unauthorized use of your account or any other breach of security. arago will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by arago or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
  3. Your Warranty.  By submitting your registration and clicking the “I agree” button referring to our Terms of Use you warrant that a) you agree to our general and special Terms of Use, b) the information you provided is correct and complete and will be regularly updated by you, c) you will not sell or transfer your use of our Website(s) to anyone else. If you do not comply with your above warranty, your account can be suspended.

II. Your Use of HIRO™ Community.

  1. Permitted Uses.  arago grants you a non-exclusive, non-transferable right to use HIRO™ Community for the following purposes:
    1. inform yourself about our software HIRO™ and – after acceptance of the relevant license terms – download our software HIRO™; and/or
    2. communicate and interact with other users (“HIRO™ Community Users”).(individually and jointly “Permitted Use”).  You agree to use HIRO™ Community only to post, send, and receive messages and material that are proper and related to the subject matter of HIRO™ Community. You shall not be entitled to use HIRO™ Community beyond the Permitted Use, in particular you shall not transfer or sell your use of HIRO™ Community or share, transfer or sell any information you retrieved from HIRO™ Community.
  2. Non-Permitted Uses.  You shall not use HIRO™ Community to:
    1. Send any duplicative or unsolicited emails or messages (commercial or otherwise), such as surveys, contests, pyramid schemes, junk email, spamming, distribute email chain letters, solicit new customers or otherwise perform or distribute sales or marketing activities;
    2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
    4. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including but not limited, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
    5. Use any Material, including images or photographs, which are made available through HIRO™ Community in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    6. Upload Material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
    7. Upload software, scripts, data or other mechanisms which might be used to spy on, to attack or otherwise harm arago or other users of our Websites;
    8. Infringe trade or design marks, copyright or other intellectual property rights of arago or other users of our Websites, in particular:
      • Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
      • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Material that is uploaded;
    9. Retrieve or share information on other HIRO™ Community Users, including e-mail addresses, unless such information was made publicly available by such HIRO™ Community Users or otherwise willingly shared with the community of users;
    10. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of HIRO™ Community Users or other users of our Websites or usage information or any portion thereof;
    11. Restrict or inhibit any other user from using HIRO™ Community;
    12. Create a false identity for the purpose of misleading other HIRO™ Community Users;
    13. Violate any code of conduct or other guidelines which may be applicable;
    14. Delete or corrupt data or information which is contained on HIRO™ Community; and
    15. Violate any applicable laws or regulations.
  3. Posting Materials.  If you post, upload, input, submit or otherwise make available (“Post” or “Posting”) to HIRO™ Community Users knowledge items or other Materials, such as text, photos or other content (hereinafter jointly “User Content”)  you warrant that (i) you own or otherwise control all rights to the User Content (or otherwise have the right to post such User Content) as described in these Terms of Use including, without limitation, all the rights necessary for you to Post the User Content, (ii) the User Content is accurate, complete and lawful, and (iii) the use and posting of the User Content as contemplated by these Terms of Use does not violate these Terms of Use or any applicable law, rule or regulation and will not infringe or violate any rights of, or cause injury to, any person or entity.In addition to the warranty set forth above, by Posting User Content that contains images, photographs, pictures, or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.If you post User Content on HIRO™ Community, you shall ensure that such User Content:
    1. Does not contain unsolicited marketing materials, political or religious messages or otherwise indoctrinating material;
    2. Does not contain unlawful or otherwise objectionable content or elements, such as offensive or pornographic Materials or content glorifying forbidden organizations (e.g., forbidden political parties);
    3. Does not infringe trade or design marks, copyright or other intellectual property rights;
    4. Does not contain viruses, worms, Trojan horses, malicious code or otherwise harmful code, data, scripts, programs or content (together with I.C.1. through I.C.3., “Prohibited Content”); and
    5. Does not contain links to other websites, which may contain or further link to any of the Prohibited Content.

    In case you do not comply with your above obligations, arago is entitled to suspend your use of HIRO™ Community and, if your violation continues, to delete your user account.

    If you download User Content from HIRO™ Community, please be aware that User Content uploaded to HIRO™ Community may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download User Content.

  4. Grant of Rights in User Content. arago does not claim ownership of the User Content you Post.  However, by Posting and making available for download and use by other users any User Content you grant, at no cost, to (i) arago and its affiliated companies and (ii) all users a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable and non-exclusive license to copy, reproduce, adapt, edit, modify, translate, reformat, publish, publicly perform, publicly display, sublicense, make derivative works of, and distribute any such User Content for any known and unknown types of use, including, without limitation, in particular, making it available to other users of our Websites, publishing your name in connection with your User Content and granting such other users or third parties the same rights to use the User Content as you granted to arago, its affiliated companies and all users.By Posting Images, you are granting, at no cost, to (arago and its affiliated companies and (ii) all users the right to use your Images in connection with the use of the Websites, as permitted by these Terms of Use and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Websites, but such termination shall not affect any licenses granted in connection with such Images prior to complete removal.In case a third party alleges that User Content infringes its intellectual property or other rights, you shall fully defend, hold harmless and, as the case may be, indemnify arago and/or any concerned other users against such claim. This applies in particular in case you have omitted to inform arago and/or the other users that the use of the User Content you provided is subject to legal restrictions.
  5. Control of User Content.  arago reserves the right to review User Content Posted by you and to edit, refuse to post, or to remove any User Content, in whole or in part, in its sole discretion.  However, arago is under no obligation to post or use any User Content you may provide.arago has no obligation to monitor User Content or the users’ interaction and communication on HIRO™ Community but will remove unlawful content once alerted of the existence of such content.arago neither controls nor endorses the content, messages, or information found on HIRO™ Community and, therefore, arago specifically disclaims any liability with regard to HIRO™ Community and any actions resulting from your participation in HIRO™ Community.  Managers and hosts of HIRO™ Community are not authorized arago spokespersons, and their views do not necessarily reflect those of arago.
  6. Disclaimer of Warranty.
      1. FOR YOUR CONVENIENCE, ARAGO MAY MAKE AVAILABLE ON HIRO™ COMMUNITY, TOOLS, UTILITIES OR OTHER MATERIALS OR USER CONTENT FOR USE AND/OR DOWNLOAD. ARAGO DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS, UTILITIES OR OTHER MATERIALS OR USER CONTENT.
      2. Use of HIRO™ Community and any Materials it may contain at your own risk. Due to numerous possible sources of information available through HIRO™ Community, and the inherent uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. Reliance upon any information on HIRO™ Community is at your own risk. You are solely responsible for any loss of data or damage to your computer system resulting from use of HIRO™ Community or the Materials or User Content available from HIRO™ Community. In states where exclusion of damages is specifically prohibited, you agree that arago liability, if any, is limited to, and will not exceed, fifty dollars ($50).
      3. DISCLAIMER OF WARRANTY: UNLESS EXPLICITLY STATED OTHERWISE, HIRO™ COMMUNITY AND MATERIALS AVAILABLE FROM HIRO™ COMMUNITY ARE PROVIDED "AS IS." ARAGO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ARAGO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE HIRO™ COMMUNITY OR ANY OF THE MATERIALS.  ARAGO MAKES NO WARRANTY OR REPRESENTATION THAT HIRO™ COMMUNITY AND/OR MATERIALS AVAILABLE FROM HIRO™ COMMUNITY WILL MEET ANY OF YOUR REQUIREMENTS OR WILL OPERATE UNINTERRUPTED, SECURE, OR ERROR FREE.
      4. LIMITATION OF LIABILITY: ARAGO IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING HIRO™ COMMUNITY AND/OR THE MATERIALS ON HIRO™ COMMUNITY. ARAGO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ARAGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    YOU AGREE TO HOLD ARAGO HARMLESS FROM, AND YOU AGREE NOT TO SUE ARAGO FOR, ANY LAIMS ARISING FROM YOUR USE OF HIRO™ COMMUNITY OR THE MATERIALS PROVIDED THROUGH HIRO™ COMMUNITY.

III. Data Protection

  1. Registration Data.  When you register on HIRO™ Community arago will ask you for your name, email, and company and will ask you to choose a password for your account (“Registration Data”). With your registration, your personal user account will be created in our Arago Knowledge Core.
  2. Voluntary Data.  You can also provide further information on a voluntary basis on the following topics: free text field to describe your profile, picture/avatar, and job title/position within your company. You may also provide us with a link to your social accounts (such as Facebook, Twitter, etc.) so that arago can use your basic log-in data from those accounts (name, email, ID) to enable you to log-in to HIRO™ Community through your social account. All of this information is not required for the registration (jointly “Voluntary Data”).
  3. Use of your data.
    1. We will use your Registration Data and Voluntary Data (jointly “Your Data”) for the following purposes: (i) administering your use of HIRO™ Community, (ii) providing you with the download and the relevant license key if you download or acquire software from arago, (iii) anonymized statistics and analysis of anonymized and other aggregated data for internal market research (the results of which we will also share with you and our other users and customers), in particular for the purpose to improve our service quality.
    2. Your Data will generally not be visible to other users of our Websites and only be passed on to other users, customers of arago and/or other third parties with your explicit consent. However, Your Data will be visible to other users of HIRO™ Community in the following cases: (i) if several users within one company have registered, in which case, any user of such company will be able to see information about any other user from such company, (ii) if you post content in a public forum, in which case your post and your name will be made public in such forum, and/or (iii) if you otherwise disclose or share Your Data with other users.
    3. If you choose to share Your Data or any other personal data with other users of our Restricted Websites, arago is not responsible for what such other users might do with such data.
    4. You retain the right to view Your Data, its origins, recipients and the purpose for the storage at any time. For any inquiries in this regard, please contact our Data Protection Officer, Dr. Bernd Schmidt at: dpo@arago.de.
  4. Disclosure of Your Data. arago reserves the right at all times to disclose any of Your Data to satisfy any applicable law, regulation, legal process, or governmental request.

IV. End of Use.

You can end your use of HIRO™ Community (formerly known as TabTab) at any time by visiting the Settings area of your User Profile and then clicking on the Deactive Account tab to proceed. If you have ordered our newsletter, you need to follow the instructions in the newsletter to unsubscribe.  Any User Content you Posted, made available or otherwise provided to arago or one of the other users during your use of HIRO™ Community remains part of the publicly accessible content of HIRO™ Community.